Bismarck weekly tribune., 1887-09-30
BAKER SWEARS.
Henry Baker Being Tried tor Murder
Testif1es in His Own
Behalf.
He Denies the Charge and Claims
That Olson Attempted to
Kill Him.
Baker on the Stand.


afternoon with citizens of Bismarck and
surrounding country who are interested I'M
the trial of Henry Baker, charged with the.
murder Of Peter Olsen by poisoning Wills
strychnine. The case is being prosecuted
by District Attorney Hanitch, assisted by
Geo. P. Flannery, and Baker is defended
by w. w. Erwin, the famous criminal
pleader Of St. Paul, assisted by Dennis
Hanniin, the pioneer district attorney of
Burleigh county Tor Buffalo).
Baker occupied the prisoners seat dur
ing the empaneling of the jury Monday
with Mr.. Erwin by his side and Denny in
the rear as q reserve force to be called upon
when the character, standing, reputation
and temperament of the candidate for the
jury was being examined. Baker is man
about 40 years of age, of swarthy complex
ion, black eyes, black mustache and
goatee, about feet inches in height and
far from murderer in appearance. He
exhibited q. deep interest in the selection of
jurors, and when consulted by Mr.. Erwin
impaired his information with an interest
and vigor which might we'll be expected
from man whose life and liberty are at
stake
Notwithstanding the fact that the case
had been once tried. the jury standing six
for acquittal and six for conviction, and
that it has been thoroughly discussed by
the people OF the entire surrounding coun-
try, the jury was empaneled in two hours
and fifteen minutes and is as follows:
Amos Robidou Sol Sunderland
James Peoples John Harms
Frank Stone Jerry Sullivan
Charles Glitschka Henry Richholt
Louis Larson Saml B. Laurence
Henry Wells Frederick Bower.
At 5 o'clock court adjourned until 10
o'clock Tuesday forenoon.
Many interesting episodes accompany
the empaneling of the juries in all cases OF
murder, and Mondays was no exception
which is the first OF the kind encountered
by, Judge Francis. The person was Mr..
John KurtZ of EmmonS county. When the
court asked him to raise his hand and be
sworn he replied, 81 do not swear-I af-
firm" The judge remarked that this was
the first instance in his experience on the
bench that man insisted on affirming in
stead Of being sworn, but after hunting up
the form for affirmation. Mr.. Kurtz was
permitted to affirm that he would tell the
truth, etc., SO help his God. When asked
how he came to the decision that he should
affirm, he replied that it was after reading
the Bible. 1t is now serious religious be-
lief with him, and as such, of course, de-
mands respect.
A PATRIARCHAL sENSATIONALIST.
Farmer Wentz, the jolly old "Josh Whit
comb of Burleigh county, and the gentle
man who in clear and distinct tones an
nounced Monday from the Jurors box
that he was "a years Of age, furnishes the
TRIBUNE with sensational bit of news,
which may have some bearing on the case.
He was excused from serving as a juror in
the Baker case upon peremptory challenge,
and in the evening while walking from the
court house in company with a TRIBUNE
representative, quietly remarked:
swell, one thing is certain, and that is,
that no such man as Peter Olsen was pOis-
oned at the time they say this man was
polsoned-there may have been at some
other time, but not then %
SLOW do you know that?" was asked.
81 know it because I knew this man for
whose killing Baker is being tried. He
stopped at my house and his name wasn't
Olsen. at all. He wrote his name 'Peder
o. Overbye' in my book"
Mr.. Wentz in his honest way told the
circumstances of how he came to write his
name in the book and says he is positive
that the mans name was not Olsen. This
fact may cut some figure in the case, but as
the Scandinavians have a very novel classi
fication of adjustable names, Mr.. Wentz
may be led astray by the signing OF the
farm name "Overbye" after the abbrevia-
ton of "Olsen." However this may be, it is
now quite probable that, although Mr..
Wentz is not a juror, he may play very
interesting role in the trial.
The defendants brother, who lives in
Illinois and who has been in the city for
some time, is a constant attendant in court
during the trial.